People vs Ortiz-Miyake : 115338-39 : September 16, 1997 : J. Regalado... http://sc.judiciary.gov.ph/jurisprudence/1997/sep1997/115338_39.htm (Criminal Case No. 92-6153) and estafa (Criminal Case No. 92-6154) is hereby MODIFIED, as follows: 1) Accused-appellant is declared guilty beyond reasonable doubt of simple illegal recruitment, as defined in Article 38(a) of the Labor Code, as amended. She is hereby ordered to serve an indeterminate sentence of four (4) years, as minimum, to eight (8) years, as maximum, and to pay a fine of P100,000.00. 2) In Criminal Case No. 92-6154 for estafa, herein accused-appellant is ordered to serve an indeterminate sentence of four (4) years and two (2) months of prision correccional, as minimum, to eight (8) years of prision mayor, as maximum, and to reimburse Elenita Marasigan the sum of P23,000.00. In all other respects, the aforestated judgment is AFFIRMED, with costs against accusedappellant in both instances. SO ORDERED. Puno, Mendoza, and Torres, Jr., JJ., concur. 8 of 9 [1] Original Record, 1. [2] Ibid., 10. [3] TSN, November 10, 1992, 8-9; TSN, June 22, 1993, 8. [4] Ibid., Id., 8-9. [5] Ibid., Id., 9-11. [6] Ibid., Id., Id. [7] Ibid., September 22, 1993, 2-3. [8] Ibid., November 10, 1992, 5-6. [9] Exhibits A and 4; Original Record, 151. [10] TSN, November 10, 1992, 5-6. [11] Ibid., September 22, 1993, 2-3. [12] Ibid., November 10, 1992, 7. [13] Exhibits D and F; Original Record, 152, 154. [14] TSN, February 9, 1993, 4. [15] Ibid., Id., 6. [16] Ibid., March 24, 1993, 3. [17] Ibid., Id., 6-7. [18] Her name is also spelled as Riza Belberde in the transcript of records. [19] Exhibits D and F; Original Record, 192, 154. [20] TSN, June 22, 1993, 11. [21] Ibid., id., id. [22] Per Judge Job B. Madayag, Branch 145, Regional Trial Court of Makati; Original Record, 200-207. [23] The decision was penned by Judge Vivencio G. Lirio, Branch 78, Metropolitan Trial Court of Paraaque; Exhibits G, G1-G3; Original Record, 155-158. [24] Original Record, 206. 1/24/2016 11:39 PM

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